General Provisions for Use
of Code Ordinances
1—1 Title of Code; Citation
1-2 Principles of Construction
1-3 Conflict of Provisions
1—4 Separability of Provisions
1-5 Effective Date of Ordinances
1—6 Repeal of General Ordinances
1—7 General Penalty
1-8 Clerk to Maintain Copies of Documents
Incorporated by Reference
1-9 Method of Enforcement
1—10 Information Contained in Citation
1—11 Form of Citation
1—12 Schedule of Deposits
1—13 Issuance of Citation
1—14 Procedure
1-15
Nonexclusivity
SEC. 1-1 TITLE OF CODE; CITATION.
These
collected Ordinances shall be known and referred to as the “Code of Ordinances,
Town of Barnes, Wisconsin”. References to the Code of Ordinances, Town of
Barnes, Wisconsin, shall be cited as follows: “Sec. 2—1, Code of Ordinances,
Town of Barnes, Wisconsin”.
SEC. 1-2 PRINCIPLES
OF CONSTRUCTION.
The
following rules or meanings shall be applied in the construction and
interpretation of ordinances codified in this Code of Ordinances unless such
application would be clearly inconsistent with the plain meaning or intent of
the ordinances:
(a) Acts by Agents. When an ordinance
requires an act be done by a person that may be legally performed by an
authorized agent of that principal person, the requirement shall be construed
to include all acts performed by such agents.
(b)
Town. “Town” shall refer to the
Town of Barnes, Bayfield County, Wisconsin.
(c) Code and Code of Ordinances. The words
“Code,” “Municipal Code” and “Code of Ordinances” when used in any section of
this Code shall refer to this Code of Ordinances of the Town of Barnes unless
the context of the section clearly indicates otherwise.
(c)
Computation
of Time. In
computing any period of time prescribed or allowed by these Ordinances, the day
of the act or event from which the period of time begins to run shall not be
included, but the last day of the period shall be included, unless it is a
Saturday, a Sunday or a legal holiday. If the general period of time prescribed
or allowed is less than seven (7) days, Saturdays, Sundays and legal holidays
shall be excluded in the computation. As used in this Section “legal holiday”
means any statewide legal holiday specified by state law and any other Town
holiday designated by the Town Board.
(e) Fine. The term “fine” shall be the
equivalent of the word “forfeiture”, and vice versa.
(f)
Gender. Every word in these
Ordinances referring to the masculine gender shall also be construed to apply
to females, and vice versa; the masculine gender is used solely in the interest
of brevity.
(g) General Rule. All words and phrases
shall be construed according to their plain meaning in common usage. However,
words or phrases with a technical or special meaning shall be understood and
construed according to that technical or special meaning if such is the intent of
the Ordinances.
(h) Joint Authority. All words
purporting to give a joint authority to three (3) or more Town officers or
employees shall be construed as giving such authority to a majority of such
officers or other persons.
(i) Person. The word “person” shall mean
any of the following entities:
(I) natural persons;
(2) corporations;
(3) partnerships;
(4) associations;
(5) bodies politic;
(6) any other entity of any kind which is capable of being sued.
(j)
Repeal. When any ordinance having
the effect of repealing a prior ordinance is itself repealed, such repeal shall
not be construed to revive the prior ordinance or any part thereof, unless
expressly so provided.
(k)
Singular
and Plural.
Every word in these Ordinances referring to the singular number only shall also
be construed to apply to several persons or things, and every word in these
Ordinances referred to a plural number shall also be construed to apply to one
(1) person or thing.
(l)
Tense. The use of any verb in the
present tense shall not preclude the interpretation of the verb in the future
tense where appropriate.
(m)
Wisconsin
Statutes.
The term “Wisconsin Statutes” and its abbreviation as “Wis. Stats.” shall mean,
in these Ordinances, the Wisconsin Statutes for the year 2001-02, as amended.
(n)
Wisconsin
Administrative Code.
The term “Wisconsin Administrative Code” and its abbreviation as “Wis. Adm.
Code” shall mean the Wisconsin Administrative Code as of the adoption of this
Code, as amended or renumbered from time to time.
State Law Reference: Legal holidays, Sec. 256.17, Wis. Stats.
SEC. 1-3 CONFLICT OF PROVISIONS.
(a)
If
the provisions of different chapters conflict with each other, the provisions
of each individual chapter shall control all issues arising out of the events
and persons intended to be governed by that chapter.
(b)
If
the provisions of different sections of the same chapter conflict with each
other, the provision which is more specific in its application to the events or
persons raising the conflict shall control over the more general provision.
SEC. 1-4 SEPARABILITY
OF PROVISIONS.
If
any provision of this Code of Ordinances is for any reason held to be invalid
or unconstitutional by reason of any decision of any court of competent
jurisdiction, such decision shall not affect the validity of any other
provisions of these Ordinances.
SEC. 1-5 EFFECTIVE
DATE OF ORDINANCES.
(a)
Code. The Code of Ordinances,
Town of Barnes, Wisconsin, shall take effect from and after passage and
publication as provided by state law.
(b) Subsequent Ordinances. All
Ordinances passed by the Town Board subsequent to the adoption of the Code of
Ordinances, except when otherwise specifically provided, shall take effect from
and after their publication.
State Law Reference: Municipal Code, Sec. 66.035, Wis. Stats.
SEC. 1-6 REPEAL OF
GENERAL ORDINANCES.
(a) Ordinances Repealed. All general
Ordinances heretofore adopted by the Town Board are hereby repealed. This shall
not include any Ordinances or parts of Ordinances or resolutions relating to
the following subjects and not conflicting with the provisions of this Code,
except that some of the following provisions may be amended by this Code of
Ordinances:
(1) Any offense or act committed or done or any penalty or
forfeiture guaranteeing the payment of money for the Town, or any contract or
obligations assumed by the Town;
(2) The administrative Ordinances or resolutions of the Town not in
conflict or inconsistent with the provisions of the Code;
(3) Any appropriation ordinance or resolution;
(4)
Any
right or franchise granted by the Town Board to any person, firm or
corporation;
(5) Any ordinance or resolution dedicating, naming, establishing,
locating, relocating, opening, closing, paving, widening, vacating, etc., any
street or public way in the Town;
(6) Any ordinance or resolution establishing or prescribing the
street grades of any streets in the Town;
(7) Any ordinance or resolution providing for local improvements or
assessing taxes or special assessments therefore;
(8) Any ordinance or resolution dedicating or accepting any plat or
subdivision in the Town;
(9) Any ordinance annexing property to the Town;
(10)
Any
ordinance or resolution regulating the erection, alteration, repair,
maintenance, demolition, moving or removal of buildings or other structures;
(11)
Zoning
ordinances; dwelling building code; and other building code ordinances;
(12)
Charter
ordinances;
(13)
The
issuance of corporate bonds and notes of the Town of whatever name or
description;
(14)
Water
and sewer rates, rules and regulations and sewer and water main construction.
(b) Effect of Repeals. The repeal or
amendment of any provision of this Code or of any other ordinance or resolution
of the Town Board shall not:
(1) Affect
any rights, privileges, obligations or liabilities that were acquired or
incurred or which had accrued under the repealed or amended provision, unless
the Town has expressly reserved the right to revoke such right, privilege,
obligation or liability.
(2) Affect
any offense, penalty or forfeiture, or prosecution for any offense, or levy of
any penalty or forfeiture that has arisen prior to the repeal or amendment of
the relevant provision of any ordinance or resolution. The preceding sentence
shall not preclude the application of a lesser penalty or forfeiture if the new
amending or repealing provision contains such a lesser penalty or forfeiture.
The procedure for prosecution of any violations of Ordinances repealed or
amended shall be conducted according to the procedure set forth in the new
amending or repealing provision or other procedure currently in effect.
SEC. 1-7 GENERAL PENALTY.
(a) General Penalty. Except where a
penalty is provided elsewhere in this Code, the penalty shall be as follows:
(1)
First
Offense —— Penalty. Any person who shall violate any provision of this Code shall,
upon conviction thereof, forfeit not less than Twenty—five Dollars ($25.00) nor
more than Five Hundred Dollars ($500.00), together with the costs of
prosecution and, in default of payment of such forfeiture and costs of
prosecution, shall be imprisoned in the County Jail until such forfeiture and
costs are paid, but not exceeding six (6) months.
(2) Second and Subsequent Offenses -— Penalty. Any person
found guilty of violating any ordinance or part of an ordinance of this Code
who shall previously have been convicted of a violation of the same ordinance
within one (1) year shall, upon conviction thereof, forfeit not less than Fifty
Dollars ($50.00) nor more than One Thousand Dollars ($1,000.00) for each such
offense, together with costs of prosecution and, in default of payment of such
forfeiture and costs, shall be imprisoned in the County Jail until such
forfeiture- and costs of prosecution are paid, but not exceeding six (6)
months.
(b)
Continued
Violations.
Each violation and each day a violation continues or occurs shall constitute a
separate offense. Nothing in this Code
shall preclude the Town from maintaining any appropriate action to prevent or
remove a violation of any provision of this Code.
(c) Other Remedies.
(1) The Town shall have any and all other remedies afforded by the
Wisconsin Statutes in addition to the forfeitures and costs of prosecution
above.
(2) Execution against defendant’s property. Whenever any person fails to
pay a violation of any ordinance of the Town, the court may, in lieu of ordering
imprisonment of the defendant, or after the defendant has been released from
custody, issue an execution against the property of the defendant for said
forfeiture and costs.
SEC. 1-8 CLERK TO MAINTAIN
COPIES OF DOCUMENTS INCORPORATED
BY REFERENCE.
Whenever any standard code,
rule, regulation, statute or other written or printed matter is adopted by
reference, it shall be deemed incorporated in this Code as if fully set forth
herein and the Town Clerk shall maintain in his office a copy of any such material
as adopted and as amended from time to time. Materials on file at the Town
Clerk’s office shall be considered public records open to reasonable
examination by any person during the office hours of the Town Clerk subject to
such restrictions on examination as the Clerk imposes for the preservation of
the material.